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ELECTRONIC SPECIALTY CO. v. INTERNATIONAL CONTROLS CORP.

No. 68 Civ. 3434.

295 F.Supp. 1063 (1968)

ELECTRONIC SPECIALTY CO., William H. Burgess and John B. Fitzpatrick, Plaintiffs, v. INTERNATIONAL CONTROLS CORP., Defendant.

United States District Court S. D. New York, Civil Division.

December 19, 1968.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, by Milton Kunen, and Jay G. Strum, New York City, for plaintiffs.

Cahill, Gordon, Sonnett, Reindel & Ohl, by David R. Hyde, New York City, and Hogan & Hartson, by Francis L. Casey, Jr., and G. Richard Dunnells, Washington, D. C., for defendant.

Philip A. Loomis, Jr., Gen. Counsel, Walter P. North, Assoc. Gen. Counsel, and Warren K. Morgens, Washington, D. C., for Securities and Exchange Commission as amicus curiae.

LASKER, District Judge.

In this action alleging violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and the new Sections 14(d) (1) and 14 (e) of the 1934 Act1 and Rule 14d-1 thereunder, plaintiffs move for a preliminary injunction to bar the defendant from voting the controlling stock of plaintiffs acquired by a tender offer, and defendant moves for summary judgment on the ground that none of the...

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